We’ve been announcing the necessity for complying with the Real ID Act of 2005 almost from the start. Now, the deadline is fast approaching and for those who believe they have plenty of time left (think, long DMV lines) or that compliance is a choice, they will be unpleasantly surprised.

Summary of the Act: All states will be required to be in compliance by October 1, 2020. In essence, all state-issue I.D., will have to meet the standards of a Real I.D. Basically, a Real I.D. is a state-issued enhanced driver’s (or non-driver’s id) license without which one cannot fly – even domestically without additional forms of identification – AND that pertains also to work visas, delivery bonds (for aliens, a form of bail, so to speak) and physical border barriers.

To provide a comprehensive understanding of this law, below are the basics:

The law sets forth requirements for state driver’s licenses and ID cards to be accepted by the federal government for “official purposes”, as defined by the Secretary of the United States Department of Homeland Security. The Secretary of Homeland Security has defined “official purposes” as boarding commercially operated airline flights, and entering federal buildings and nuclear power plants, although the law gives the Secretary the unlimited authority to require a “federal identification” for any other purposes.[4]

The Real ID Act implements the following:

Title II of the act establishes new federal standards for state-issued driver’s licenses and non-driver identification cards.

Changing visa limits for temporary workers, nurses, and Australian citizens.

Funding some reports and pilot projects related to border security.

Introducing rules covering “delivery bonds” (similar to bail, but for aliens who have been released pending hearings).

Updating and tightening the laws on application for asylum and deportation of aliens for terrorism.

Waiving laws that interfere with construction of physical barriers at the borders.

On December 20, 2013, the Department of Homeland Security announced that implementation of Phase 1 would begin on January 20, 2014, which followed a yearlong period of “deferred enforcement”. There are four planned phases, three of which apply to areas that affect relatively few U.S. citizens—e.g., DHS headquarters, nuclear power plants, and restricted and semi-restricted federal facilities such as military bases.[5] On January 8, 2016, DHS issued an implementation schedule for Phase 4, stating that starting January 22, 2018 “passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight”. Starting October 1, 2020 “every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.”[6] As of November 2018, 38 states and territories have been certified as compliant, and 18 have been granted extensions.[7]

Save yourselves the last-minute, hours-long visit to the DMV in your respective states by applying for your Real I.D. as soon as possible.

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